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Winning67

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Everything posted by Winning67

  1. Hi MouseRabbit, I hope all is well! Have you still heard nothing since you responded to their requests? Is your case still in "Pending" status? Thank you, we're in the same boat with Cavalry/Mandarich in Cali, our initial Answer is due today!
  2. They are suing my husband for Citibank Simplicity Card they allegedly purchased. Are you not interested in trying to force them into Arbitration? I think that that's the best way to get it dismissed, I am just not sure if he should file a General Denial with AD's or just file a Petition to Compel Arbitration...?? The Agreement I found on the CFPB website has a pretty nice Arbitration clause in Section 11 that I think may push them to dismiss. If anyone else has solid advice, I would appreciate it! 😉
  3. OK, so I filed with the court, sent a request to N&K for BOP and got a response back today. All they sent me are the Bill of Sale (several) and a verification. I thought they are supposed to send me a complete account history. No?
  4. CC-1 a 1&2 open book, stated in writing, CC.4. Note: ... "plaintiff refers to plaintiff predecessors in interest"... how convenient for them! Filing this week - down to the wire!
  5. I am filing an answer next week, I've had some priceless assistance in doing so. It's perfect, not too much, just enough. My question to you is, "How likely do you think it is for N&K to show up to court over a $2000 debt?" They are in Sacramento, the court is in Norwalk. Jo
  6. I do still have them, and yes, on my landline, it is a live person and they do mention all of that. I have, however, had automated calls from other CA's in the past, just never did anything about it, the calls stopped with cease and desist order.
  7. Thank you for your insight! So I'm going to fill out form PLD-C-010 (Answer) but I'm not sure which box to check. They claim I owe over $1000 so it seems that I can't generally deny their claim the way this thing is written! "Do not check this box if the verified complaint or cross-complaint demands more than $1000." So do I check the "admit all except" box, and then list the statements that I think are false? It seems so contradictory! I want to insist on them proving to me that they have the right to collect, where do AND how do I state this? ALL help is VERY much appreciated!!! Razor DID buy from another CA that could not validate the debt for me a couple of years ago. I only wish they would have contacted me before they just up and sued me so that I could have done the same to them! I only have eleven more months for SoL to run out on all of the accounts that I had to default on. Thanks again
  8. To my understanding, a verified complaint is one signed by the party or the attorney who verifies the contents to be true. The verification page in my summons includes the statements: "As to all other matters, I am informed and believe that the matters stated therein are true, and on that ground, I allege that the matters stated therein are true. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct." Does this constitute a verified complaint or does it have to be signed and notorized by Razor Capital LLC, the "plaintiff"? The summons I have does not even contain my address nor the license number or address of the plaintiff. I have a feeling that N&K are the true owners, per their reputation. Apparently you taught them a lesson... that they've learned from! No?
  9. Went to Norwalk this morning, they said that all LA County collection cases are heard only in either Norwalk or Chatsworth now. I will file my answer and then hit them with BoP... I guess. I'm not sure how to fill out the answer - hope I do it right! Thanks for your input
  10. OK, do I ask the court clerks or find out somewhere else if it's the wrong venue/location? Also, do I NOT file the answer and just file a small claims suit at the court located closest to me? The thirtieth day is on November 20th. Help please
  11. I'm thinking you're right about Norwalk, Torrance might be a better venue for me. I will find out Tuiesday if I can have it moved!
  12. 1stStep: Thanks, this is exactly what I plan to do, and yes, I've heard that N&K are morons, it's just a shame that there's no law supporting a lawsuit against it! Anon Amos: I think that it's wrong that we have to prove that we sent something to them, but they don't have to do the same; I never received anything from them so I think they're lying - shocker! 1) I tried the link, it didn't work but that's OK I have the two forms that I think I need, I'm just not sure how I need to fill them out and I don't want to make any mistakes; I need to go to the court anyway it's just too bad they filed it in Norwalk instead of Torrance. 2) I still have one more year to use the SOL card and I thought I would be in the clear by now with all of old debt, I was wrong, damn. Thanks for your responses and have a great weekend!
  13. Hi, this is my first time posting. Although I am somewhat familiar with debt collection/validation procedures, I am NOT so savvy in the summons - we're-suing-you procedures. I was served a limited, civil summons in person eight days ago saying that the Plaintiff, Razor Capital LLC, (represented by Nelson & Kennard) is suing me for just over $2000 for a debt that they claim that I owe to GE Capital Retail Bank. I have been getting voice messages from Nelson & Kennard for the past couple of months (I did not call them back), but I have never received a dunning letter or any other kind of correspondences from either Razor Capital LLC or Nelson & Kennard. I called Nelson & Kennard and recorded the call in which I told them immediately, and they told me that they had sent me a demand letter on April 3, 2013. I keep maticulous records and would have requested validation right away if I had received anything from them! This account was sent to collections three years ago to a different CA and when I requested validation from them, they did not respond; I never heard back from them. This account is being reported by only the OC on my CR. My question: Is there an FDCPA law that requires CA's/Attorneys to send a demand letter to an alleged debtor more than one time before they just go and try to sue someone??? Also, my name is on this summons, but my address isn't, is this normal? I am going to the court (15 miles away - ugh, there's a superior court 2 miles from me!) on Tuesday (Nov. 5) to get the appropriate forms that I need to file my answer. Thanks again! Jo
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